0:00:00 06:00:01 PM Start Audio Recording 0:00:02 06:00:04 PM Invocation – Pledge of Allegiance 0:00:38 06:00:39 PM Mayor Janway welcomed Francis McCoy and Henry Casteneda and Teen Court to the meeting. Ms. McCoy, Teen Court Coordinator, said tonight the students were officially sworn in as Attorneys. She recognized the students in the audience and said she enjoys working with all of them. Mayor Janway congratulated and thanked them for all of their hard work. 0:03:52 06:03:53 PM 1. Approval of Agenda 0:03:57 06:03:58 PM Motion The motion was made by Councilor Carter and seconded by Councilor Walterscheid to approve the Agenda 0:04:03 06:04:04 PM Vote The vote was as follows: Yes - Rodriguez, Shirley, Waters, Walterscheid, Anaya Flores, Chavez, Carter, Estrada; No - None; Absent - None; the motion carried. 0:04:22 06:04:23 PM 2. Consider Approval of Resolution No 2019-55, a Resolution making certain budgetary adjustments to the 2019-20 Fiscal Year Budget Mrs. Gonzalez reviewed the revenue and expenditures making certain Budgetary Adjustments to the 2019-2020 Fiscal Year Budget highlighting the General Fund, the Capital Projects Fund, the Municipal Transit Fund, the Lodgers Tax - Promotional Fund, and the Lodgers Tax Non Promotional Fund. 0:06:20 06:06:21 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Anaya Flores to approve Resolution No. 2019-55, a Resolution making certain budgetary adjustments to the 2019-20 Fiscal Year Budget 0:06:24 06:06:25 PM Vote The vote was as follows: Yes - Rodriguez, Shirley, Waters, Walterscheid, Anaya Flores, Chavez, Carter, Estrada; No - None; Absent - None; the motion carried. 0:06:44 06:06:45 PM 3. City of Carlsbad Financials – September 2019 Mrs. Austin reviewed the revenues and expenditures as of September 2019 for the General Fund and selected Enterprise and Special Funds contained within the City Budget. 0:10:13 06:10:14 PM 4. Routine and Regular Business A. Minutes of the Regular City Council Meeting held on October 22, 2019 B. Minutes of the Special City Council Meeting held on October 25, 2019 C. City Personnel Report D. Purchasing 1) Consider Approval to Advertise Invitation for Bid for Replacement of Dam Gates at Upper Tansil Dam on the Pecos River 2) Consider Approval to Advertise Request for Proposals for Lessee/Operator for Alcohol Sales at Lake Carlsbad Golf Course 3) Consider Approval to Reject RFP 2019-14 for Professional Lobbying and Consulting Services E. Contracts and Agreements 1) Consider Approval of Renewal Agreement between the City of Carlsbad and Veterans of Foreign Wars Post #8703 for Care and Maintenance of the MIA/POW Memorial 2) Consider Approval of Renewal of the Letter of Agreement between the City of Carlsbad and Elite Security Services for Security Guard Services at the Riverwalk Recreation Center 3) Consider Approval of Agreement between the City of Carlsbad and New Mexico State Library for FY20 State Grant-in-Aid Public Library Agreement F. Monthly Reports 1) Community Development Department October 2019 2) Human Resources Department October 2019 3) Municipal Court October 2019 4) Transportation and Facilities Department September 2019 G. Board Appointments 1) Carlsbad Library Board of Trustees Appoint Dr. Mark Howard remainder of 4 year term 2) Carlsbad Museum Board Appoint Desiree Kicker remainder 5 year term H. Set the Date: December 10, 2019 1) Consider Approval of Ordinance authorizing the lease of an approximately 125,000 square foot area at the Cavern City Air Terminal to BMB Equipment, LLC for placement and use of Aviation Hangars 0:10:37 06:10:38 PM Mayor Janway asked Mr. Ken Britt to discuss Item D.2 Consider Approval to Advertise Request for Proposals for Lessee/Operator for Alcohol Sales at Lake Carlsbad Golf Course; and Mr. Hernandez to discuss Item D.3 Consider Approval to Reject RFP 2019-14 for Professional Lobbying and Consulting Services. Mr. Britt explained this RFP is to select an Lessee/Operator to manage and operate the sales of a City Government Liquor License at the Municipal Golf Course. Mr. Hernandez explained that several months ago the city put out an RFP for Lobbyist Services. He explained the city has decided to enter into a joint partnership for a Government Affairs Lobbyist position with the Eddy County and the City of Artesia. He explained with this change, staff is requesting approval to reject the bids received. 0:13:17 06:13:18 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Estrada to approve Routine and Regular Business 0:13:30 06:13:31 PM Vote The vote was as follows: Yes - Rodriguez, Shirley, Waters, Walterscheid, Anaya Flores, Chavez, Carter, Estrada; No - None; Absent - None; the motion carried. 0:13:58 06:14:00 PM 5. Consider Approval of Request from Julio Leija and Cal’s Shade Western to serve alcohol (beer and liquor) during the 1st Annual Taco Truck Battle for Cancer at the Beach Bandshell Mr. Patterson explained this is a request to serve alcohol beer and liquor at the 1st Annual Taco Truck Battle for Cancer to benefit Brittany's Hope Organization. He said the event will be held at the Beach Bandshell on November 16, 2019 from 8:00 a.m. to 10:00 p.m. He explained the Beer Garden will be cordoned off and only available to those 21 and over. Mr. Patterson added that city staff recommends approval with conditions including compliance with all rules, regulations, requirements and restrictions. Councilor Rodriguez said traditionally beer and wine is approved but this is the first time he remembers having beer and liquor. Mr. Patterson added that the Council has allowed the sale of liquor for Cavern Fest in the past. Mr. Julio Leija said the request is to serve beer and liquor at the event. 0:18:57 04:06:26 PM .... 0:19:11 06:19:12 PM Motion The motion was made by Councilor Carter and seconded by Councilor Anaya Flores to approve Request from Julio Leija and Cal's Shade Western to serve alcohol (beer and liquor) during the 1st Annual Taco Truck Battle for Cancer at the Beach Bandshell 0:19:19 06:19:20 PM Vote The vote was as follows: Yes - Rodriguez, Shirley, Waters, Walterscheid, Anaya Flores, Chavez, Carter, Estrada; No - None; Absent - None; the motion carried. 0:19:43 06:19:44 PM 6. Consider Approval of Temporary Use Application to allow Temporary Housing as a Temporary Use at 5302 National Parks Hwy zoned “ C-2” Commercial District & “I” Industrial District Applicant/Owner: Dreamland Park, LLC Mr. Patterson explained this request is to allow Temporary Housing as a Temporary Use at 5302 National Parks Hwy. He explained the subject property meets the acreage and the zoning requirements. He said that the applicant is requesting approval for 94 spaces and has provided a site plan. He added that the Planning and Zoning Commission recommended approval. Councilor Chavez asked if the property is able to connect to city utilites if the treatment plant was capable of taking 94 more RV spaces. Mr. Patterson said yes and explained they are not near capacity. Councilor Walterscheid referred to an article in the Current Argus regarding the NMED, and asked if we would have any of those issues. Mr. Patterson explained the city's regulations protects the city from those issues. He explained when they reviewed the locations pointed out in the article, he found the locations outside of the city limits and are not subject to the city's process. He added he is confident that the city's process handles liquid waste properly. Mr. Hernandez added that the city received correspondence and a map from NMED and staff reviewed. He said to his knowledge all of the properties in the city limits are all in compliance and have approved discharge permits. 0:24:04 06:24:05 PM Motion The motion was made by Councilor Carter and seconded by Councilor Chavez to approve a Temporary Use at 5302 National Parks Hwy zoned "C-2" Commercial District & "I" Industrial District; Applicant/Owner: Dreamland Park, LLC 0:24:12 06:24:13 PM Vote The vote was as follows: Yes - Rodriguez, Shirley, Waters, Walterscheid, Anaya Flores, Chavez, Carter, Estrada; No - None; Absent - None; the motion carried. 0:24:29 06:24:30 PM 7. Consider Approval of Temporary Use Application to allow Temporary Housing as a Temporary Use at 3221 National Parks Hwy zoned “C-2” Commercial 2 District Applicant: Mega Power Electric/Shane Carpenter Mr. Patterson explained this is a request to allow temporary housing as a temporay use at 3221 National Parks Hwy. He explained the property is zoned in accordance for housing the temporary housing. Mr. Patterson added that the Planning Department has recommended that the applicant combine all the parcels into one site and if they do so the property will be 2.45 acres, combined. The Planning and Zoning Commission voted in favor of 5 temporary RV spaces. Councilor Rodriguez asked if the property has been replatted. Mr. Carpenter, the applicant, stated he was waiting on the approval to replat the property. Councilor Rodriguez then stated that the parcel is under the requirement without the replat. Mr. Patterson answered yes, seperately the requirement is not met. Councilor Carter asked if the approval could be made on the condition of receiving the replat. Mr. Patterson said that would be his recommendation. 0:27:32 06:27:33 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Chavez to approve Temporary Use Application to allow Temporary Housing as a Temporary Use at 3221 National Parks Hwy zoned "C-2" Commercial 2 District contigent on replat of the property; Applicant: Mega Power Electric/Shane Carpenter 0:28:20 06:28:21 PM Vote The vote was as follows: Yes - Rodriguez, Shirley, Waters, Walterscheid, Anaya Flores, Chavez, Carter, Estrada; No - None; Absent - None; the motion carried. 0:28:37 06:28:38 PM 8. Consider Approval of Temporary Use Application to allow Temporary Housing as a Temporary Use at 1902 Coyote Court zoned “R-R” Rural Residential District Applicant: Melinda Hansen Mr. Patterson explained this request is to allow temporary housing as a temporary use at 1902 Coyote Court. He explained the property is 4.45 acres and meets the size requirement, as well as the zoning requirements. He explained an electrical plan has not been provided, so the Planning Department recommends that the electrical plan be a condition of approval. He added the Planning and Zoning Commission recommend approval. Councilor Chavez asked if the city's water utilties reach that property. Mr. Patterson said there is water service out to the subject property. Councilor Rodriguez asked about the fire hydrant shown on the property. Mr. Myers said it is a private fire hydrant on the property. 0:31:29 06:31:30 PM Motion The motion was made by Councilor Walterscheid and seconded by Councilor Chavez to approve Temporary Use Application to allow Temporary Housing as a Temporary Use at 1902 Coyote Court zoned "R-R" Rural Residential District; Applicant: Melinda Hansen 0:31:36 06:31:37 PM Vote The vote was as follows: Yes - Rodriguez, Shirley, Waters, Walterscheid, Anaya Flores, Chavez, Carter, Estrada; No - None; Absent - None; the motion carried. 0:31:54 06:31:55 PM 9. Consider Approval of the Appeal of the decision by the Planning and Zoning Commission to deny a Variance to reduce the required side setback from 5’ to 0’ for placement of an open sided metal carport located at 506 N. Olive zoned “R-1” Residential 1 District Appellant: Stacey Slade Mr. Patterson explained this is an appeal of the decision of the Planning and Zoning Commission to deny a variance request to place a carport in a required side setback. He explained the appellant made the request to the Planning and Zoning Commission on October 7, 2019 and the request was denied. Mr. Slade submitted a letter of appeal and submitted pictures of other properties throughout the city with carports placed in the side setbacks and added his property has access through the alley in emergency situations. Mr. Patterson said after reviewing the appellants letter, pictures, and information provided to the Planning and Zoning Commission, the Planning Staff recommends that the decision by the Planning and Zoning Commission to deny the variance request be upheld and the appeal denied. Councilor Walterscheid asked what is going to be done about all the pictures submitted showing other property owners in violation. Mr. Patterson said the information will be given to code enforcement to investigate. Mr. Slade said he would like to know what the difference is with his properties and these property owners he has pictures of with carports in their setbacks. He said he would like to protect his vehicles. Councilor Anaya Flores said she recalls a property owner putting up a structure knowing he was in violation but she does not believe he was made to take the structure down. Mr. Patterson said he believes that property was the catalyst that caused the amendment to the Ordinance to allow people to place them in there front set back without a variance but we held to keeping the side and rear setbacks. Councilor Anaya Flores asked if there is access for emergency services is that something the Council could consider. Mr. Patterson said yes, he thinks that is appropriate. He explained that the setbacks are designed to allow access all around the property. Chief Lopez explained it is case by case and if emergency services has access to the property it is easier. He added what happens if the property owners sale or close off the access. He said as long as emergency services has access he has no problem and it makes it safer for everyone. Councilor Carter said if we allow this request we will have some angry property owners who also had alternate access that were denied the variance. He said the city is sending the wrong message by not enforcing the side setbacks and allowing those who do not follow the rules to get away with it. 0:36:53 04:06:26 PM .... 0:41:53 04:06:26 PM .... 0:44:22 06:44:23 PM Motion The motion was made by Councilor Anaya Flores and seconded by Councilor Walterscheid to deny the appeal of the decision by the Planning and Zoning Commission for a Variance to reduce the required side setback from 5' to 0' for placement of an open sided metal carport located at 506 N. Olive zoned "R-1" Residential 1 District; Appellant: Stacey Slade 0:44:34 06:44:35 PM Vote The vote was as follows: Yes - Rodriguez, Shirley, Waters, Walterscheid, Anaya Flores, Chavez, Carter, Estrada; No - None; Absent - None; the motion carried. 0:44:57 06:44:58 PM 10. Consider Approval of Resolution 2019-56, a Resolution requiring the removal of the building and debris at 910 Sandia Owner: Jim Yeager Mrs. Madrid-Boyea explained this Resolution is requiring the removal of the building and debris at 910 Sandia. She explained city staff has been dealing with the property since 2017. She explained the property has fallen into a severe state of disrepair due to neglect and the lack of maintenance. She said staff is requesting Council to proceed with the Resolution as presented. Mr. Jose Mario Salinas, resides at 908 Sandia, said he has been putting up with this property for years. He said this property needs to be removed and has not had utilities for many years and the house has been vacant for sometime. 0:49:56 04:06:26 PM .... 0:50:58 06:50:59 PM Motion The motion was made by Councilor Walterscheid and seconded by Councilor Waters to approve Resolution No. 2019-56, a Resolution requiring the removal of the building and debris at 910 Sandia; Owner: Jim Yeager 0:51:06 06:51:07 PM Vote The vote was as follows: Yes - Rodriguez, Shirley, Waters, Walterscheid, Anaya Flores, Chavez, Carter, Estrada; No - None; Absent - None; the motion carried. 0:51:28 06:51:29 PM 11. Consider Approval of Ordinance 2019-45, an Ordinance repealing and replacement of Lodger’s Tax Ordinance 0:51:44 06:51:45 PM A. Public Hearing Mrs. Madrid-Boyea explained recently the State amended the Lodgers' Tax Act deleting the exemption for vendors who did not offer at least three rooms or three other premises for lodging. She explained this amendment goes into effect on January 1, 2020 and staff is proposing these changes to come into compliance with the State Statute. 0:53:32 06:53:33 PM Mayor Janway asked if anyone would like to speak regarding the Ordinance. No one appeared and the Mayor declared the public hearing closed and reconvened the Council into regular session 0:53:48 06:53:49 PM B. Consider Approval of Ordinance 2019-45 0:53:54 06:53:55 PM Motion The motion was made by Councilor Chavez and seconded by Councilor Estrada to approve Ordinance No. 2019-45, an Ordinance repealing and replacement of Lodgers' Tax Ordinance 0:54:00 06:54:01 PM Vote The vote was as follows: Yes - Rodriguez, Shirley, Waters, Walterscheid, Anaya Flores, Chavez, Carter, Estrada; No - None; Absent - None; the motion carried. 0:54:19 06:54:20 PM 12. Consider Approval of Ordinance 2019-46, an Ordinance rezoning part of “C-2” Commercial 2 District to “R-2” Residential 2 District for an approximately 4.55 acre property located at 410 S. Sixth Applicant: Carlsbad Municipal Schools 0:54:47 06:54:48 PM A. Public Hearing Mr. Patterson explained this request to change the zoning at 410 S. Sixth Street from "C-2" Commercial 2 District to "R-2" Residential 2 District. He explained the property is owned by Carlsbad Municipal Schools and they would like to build housing for teachers on the property. He said the Planning and Zoning Commission and the Planning Department recommend approval. 0:56:18 06:56:19 PM Mayor Janway asked if anyone would like to speak regarding the Ordinance. No one appeared and the Mayor declared the public hearing closed and reconvened the Council into regular session 0:56:35 06:56:36 PM B. Consider Approval of Ordinance 2019-46 0:56:44 06:56:45 PM Motion The motion was made by Councilor Rodriguez and seconded by Councilor Anaya Flores to approve Ordinance No. 2019-46, an Ordinance rezoning part of "C-2" Commercial 2 District to "R-2" Residential 2 District for an approximatley 4.55 acre property located at 410 S. Sixth; Applicant: Carlsbad Municipal Schools 0:56:48 06:56:49 PM Vote The vote was as follows: Yes - Rodriguez, Shirley, Waters, Walterscheid, Anaya Flores, Chavez, Carter, Estrada; No - None; Absent - None; the motion carried. 0:57:09 06:57:11 PM 13. Council Committee Reports Councilor Chavez explained that as seen in the paper the NMDOT is providing $12.5 million for US285. 0:58:26 06:58:27 PM Mayor Janway asked if anyone in the audience would like to address the Council. No one appeared. 0:58:31 06:58:32 PM 14. Adjourn 0:58:38 06:58:39 PM Motion The motion was made by Councilor Anaya Flores and seconded by Councilor Estrada to Adjourn 0:58:44 06:58:45 PM Vote The vote was as follows: Yes - Rodriguez, Shirley, Waters, Walterscheid, Anaya Flores, Chavez, Carter, Estrada; No - None; Absent - None; the motion carried. 0:59:06 06:59:08 PM Stop Audio Recording